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Guardianships & Conservatorships

A Conservator is someone appointed by the court to take legal responsibility and authority for the assets of someone who cannot protect themselves (in some states, it’s called “Guardian of the Estate”). A Guardian is someone appointed by the court to take legal responsibility and authority for the care of another individual who cannot protect themselves (in some states, “Guardian of the Person”).

One goal of estate planning is to avoid the need for court proceedings to act for an individual if he or she becomes incapacitated. However, when an individual does not have the appropriate planning documents in advance, or when certain unusual situations occur, Bogutz & Gordon is able to represent individuals seeking appointment as Guardian or Conservator in the Arizona courts, whether under the standard proceedings or in emergency situations.

Bogutz & Gordon itself also can serve as Guardian or Conservator. This can be particularly helpful for individuals who have no close family members, those whose family members are not nearby, or those whose family members would prefer to have a professional handle the loved ones’ medical needs and financial management.

A series of new rules were imposed on Guardians and Conservators in 2012, and many of them are not intuitive, easy to understand, or easy to follow.  Our firm can assist Guardians and Conservators with following these rules, including help with preparing acceptable annual reports required by the Court and assistance with the Court-required annual accountings in the Court-mandated format.

The firm also can represent the fiduciary or protected individual in the event a dispute arises.